Daya

This is an appeal of a second degree murder conviction based solely on circumstantial evidence. On May 17, 1991, Fritz Bieth was severely beaten and shot to death. Apparently new and unused dildos, “x-rated” publications, a container of body oil, ajar of petroleum jelly, lingerie, and a G-string were found with his body inside his van which was parked next to a motel well known for prostitution, homosexual activity, and drug trafficking. The prosecution charged the victim’s business partner, Arvind Daya, with murder motivated by personal animosity and financial gain. Rejecting his alibi defense, the jury convicted Daya of murder in the second degree. Defendant appeals.

In his 162-page opening brief, defendant alleges the conviction must be reversed based on any one of the trial court’s errors involving 15 issues. We have consolidated the needlessly long and confusing dissection of the issues into three inquiries: (1) Is the evidence sufficient to support the verdict?; (2) Did the court commit reversible error by admitting or excluding evidence?; and (3) Did reversible error infect the jury’s deliberative process? We begin where the defendant ends his analysis by…